The Orissa High Court has directed government authorities to ensure that no trade licence or business permission is granted to buildings that do not comply with legal requirements.
If the structure is claimed to be an old residential house, it cannot be used for commercial activity without proper approval. If any part of the building is unauthorised or deviates from the approved plan, the authorities must take action in accordance with the law. This may include demolition of the unauthorised portion or compounding where legally permissible, the Court ordered while taking cognisance of a writ petition.
The writ petition, seeking judicial intervention, alleged that commercial buildings were operating without proper infrastructure and approvals in Hemraj Lane at Nayasadak in Cuttack city, a narrow 13-foot road located in a dense commercial and residential locality.
The building contains around 50-60 shops but does not have proper parking space, fire safety clearance, or environmental approvals. Because of this, vehicles of customers and shop owners are parked on the narrow road, creating severe traffic congestion and blocking the entry and exit of nearby residents. The obstruction also affects emergency services such as ambulances and fire vehicles, the petition pointed out.
The narrow public roads should not be rendered dysfunctional by unchecked commercial activity. The obligation of the State is to secure orderly urban governance and prevent obstruction of public streets, the Single Bench of Justice Dr. Sanjeeb K Panigrahi noted in the order.
When a private commercial establishment uses public roads for parking, loading, and customer movement because it has no internal facilities, it is effectively using public property for private business. This amounts to misuse of public space, stated the order.
The Court held that commercial establishments must be self-sufficient and cannot shift their operational burden onto public roads.
The Court further directed the Commissioner of Police, Cuttack, to strictly regulate traffic in Hemraj Lane, stating that no vehicles should be allowed to park or stop on the road.
Vehicles parked illegally must be immediately removed, towed, or impounded. Proper “No Parking/No Stopping” signboards must be installed. Police must ensure free movement for residents, ambulances, and fire services. A compliance report must be submitted to the Court within 8 weeks.
The Cuttack Municipal Corporation (CMC) and the Housing & Urban Development Department must conduct a complete inspection of the building.
They must verify whether the building has a sanctioned building plan, a completion or occupancy certificate, a valid fire safety No Objection Certificate, and the required environmental approvals, the order concluded.